MOBILE, Alabama – Fired Prichard fire Chief Mark Trenier has filed a wrongful-termination lawsuit against the city and Mayor Tory Ephriam, alleging that he failed to get City Council approval for the dismissal.

The civil complaint, filed this week in Mobile County Circuit Court, seeks reinstatement, back pay, benefits and interest. It cites a provision of state law holding that cities the size of Prichard may remove the fire chief “only upon recommendation of the mayor with the approval of four council members.”

Said attorney Donald Briskman: “They didn’t do that.”

Ephriam said he believes the complaint is no different from legal action pursued by former police Chief Jimmie Gardner, who lost a bid to stay on the job after Ephriam replaced him in December. Gardner simply refused to leave office, and Mobile County Presiding Circuit Judge Charles Graddick issued a restraining order forcing him to do so.

“Chief Gardner and Trenier both had the same contract. It’s not different,” the mayor said. “At the time (of Gardner’s firing), Chief Trenier was still under review.”

Ephriam said he did not remove Trenier from office. He said he merely decided not to appoint him to a new term.

Briskman pointed to an April letter from the mayor to Trenier indicating that the city was terminating the chief’s contract. He said the issue is different from Gardner’s case.

“It wasn’t until April that (Ephriam) discharged (Trenier). And he wasn’t discharged for cause,” he said. “Our legal argument, I don’t believe was raised in the (police) chief’s case.”

Prichard officials, according to the lawsuit, approached Trenier in 2007 when he was an officer with the Mobile Fire-Rescue Department and offered the top fire job in their city. The City Council, including Ephriam, voted to approve then-Mayor Ron Davis’ appointment of Trenier.

After Ephriam’s election as mayor in October, Trenier continued to serve without reprimand or complaint, according to the suit.

The mayor’s termination letter in April was terse.

“I have careful (sic) observed your performance, since taking office, and applied due diligence in evaluating the state of the fire department and conclude that it is in the best interest of the City that you are removed,” he wrote.

Ephriam said the change in leadership in the police and fire departments was part of an ongoing effort to restore public confidence in municipal government.

“We needed a different direction to go, in terms of efficiency. … We’re trying to rebuild our public safety,” he said.